Page:Cicero And The Fall Of The Roman Republic.djvu/191

63 B.C.] begun five days too late; his arguments had lost their force now that Catiline's power was maimed.

His only resource was to exaggerate, as far as possible, whatever elements of discontent and disorder were still available. Amongst these was the dispute whether the action of Cicero had been legally justified or not. Might not a state of affairs, in which citizens could be put to death without trial, be represented as calling for the intervention of the second Sulla? If Pompey could no longer be summoned to save the State from the anarchy of Catiline, might not the "tyranny of Cicero" serve, for want of a better, as an available pretext? With this object Nepos took the first opportunity of entering a formal protest against the executions. When Cicero laid down his consulship on the last day of December, he prepared to address, as was the custom, a parting speech to the people. Metellus by virtue of his sacrosanct power as tribune interrupted him, declaring that he who had deprived Roman citizens of their right to plead in their own defence to the people, should not be allowed to speak to the people himself. He forbade him therefore to do more than take the oath prescribed by law. Cicero affected compliance and advanced to take the oath; then lifting up his voice so as to be heard by the assembled multitude, he swore: "This city and commonwealth have been preserved from destruction by me." The unexpected appeal called forth a ready response from his audience. The whole assembly shouted assent and swore along with him.